Human rights

Hello ! everyone My Name is Sweta Sharma and I am a law student ballb 8th semester 4th year from JEMTEC School of law Greater Noida Affiliated from IPU University and my topic is human rights and my sub topic is child abuse let’s start with human right .

Human Rights , the basic rights, liberty and freedom that respects the individuality of a person from birth to death, is based on shared values of dignity, fairness, equality and independence. The idea of constituting the basic rights and life of dignity and freedom into human rights is deep rooted in Britain. In furtherance, we see the universal declaration of human rights adopted by the united nations in 1948 , in the backdrop of the atrocities faced by the Second World War.

Human rights is considered fairly a modern concept, with a surge of attention in the twenty-first century. Human Right law – The protection of human rights act, 1993 is to provide check and balance over the human rights violation ranging in today’s society from child labour, bonded labour, child marriage, denial of education to children, availability of potable water, food , child sexual abuse to female genital mutilation.

Quoting the words of Justice Anand, Former Chairperson, National Human Rights Commission – “It is the obligation of the State to ensure everyone the right to adequate food, education and enjoyment of highest attainable standards of physical and mental health. These rights have to be respected and made available to the citizens by the State.”

SUB-THEME:-CHILD ABUSE

One aspect of the human right violation , we see in our society is child- abuse, Any research or grassroots activism in the field of child rights will reveal that child rights violation isn't a phenomenon triggered by one factor but actually interplay of multiple catalysts. Scathing issue of child abuse can be seen in the form of child mental abuse, child emotional abuse, and child sexual abuse together constituting child rights violation.

We often see a chotu aged 8-9-10 working as a maid or servant, denied of education , and a dignified life , is a common example of human right violation in our Indian society. This childhood leaves behind a scar in the life of that particular individual leading to an emotional abuse. Further, a child suffers mental and emotional abuse when he lives in an environment filled with violence and aggression. Child abuse is a complex problem, which is often rooted to previous generations. It covers the problems of self-esteem, intimacy, alienation, realistic expectations in success, tension, and other problems. This complexity and depth presupposes the need for long-term treatment of families where children are exposed to some form of abuse.

Another abuse on female child observed globally including india, with a report of WHO which states ,globally, over 200 million girls alive today have suffered FGM in over 30 countries. FGM is that the name given to procedures that involve altering or injuring the feminine genitalia for non-medical or cultural reasons that's recognised internationally as a violation of human rights and therefore the health and integrity of women and ladies . In 2018, a bench of then CJI Dipak Misra referred a petition seeking a ban on FGM among Dawoodi Bohra girls to a five-judge Constitution Bench.The Dawoodi Bohra community, on the opposite hand, maintained that the practice should be allowed since the Constitution grants religious freedom under Article 25.

In India, children of poor and marginalized class are trafficked to be forced into labour. Parents of those children are either betrayed or lured thanks to their poor socio-economic conditions. In India, there's an excellent need for convergence and implementation of comprehensive child protection mechanisms. The Indian children are exposed to multiple vulnerabilities, with thousands of youngsters still working in brick kilns, construction sites, and agricultural land, trafficking for the sake of forced child labour is widely prevalent.

Sex trafficking is another heinous offence quiet prevalent in India, Statistics show, three in five--or 9,034 of 15,379--persons trafficked in 2016 were children (below 18 years), NCRB data show. Of these, 4,911 (54%) were girls and 4,123 (46%) were boys. According to NCRB report, 2014, every second child is sexually abused, and in 93.4% cases, the sexual abuse is done by a known person in India. Despite the laws protecting the rights against child sexual abuse in india, POCSO ACT,2012, this heinous offence is still unable to protect children due to the lack of implementation of law.

In the extreme cases of child abuse include;

• The case of Dhananjoy Chatterjee , a security guard who was executed by hanging for raping and murdering 14 year old Hetal Parekh on March 5, 1990 at her apartment residence in Bhawanipur, Kolkata.

• Aarushi murder mystery also involves the case of child abuse where a girl was killed for no fault of hers. Such cases are existing examples proving that demons still exist in our society and these demons can only be killed if the individuals and the government join hands for a fight against child abuse.

In Human Rights: Essays on Justification and Application (1982) Alan Gewirth argued that denying the value of successful agency and action is not an option for a human being; having a life requires regarding the indispensable conditions of agency and action as necessary goods. Also, Griffin’s thesis that all human rights are grounded in normative agency is put forward not so much as a description but as a proposal, as the best way of giving human rights unity, coherence, and limits.

Freedom means the supremacy of human rights everywhere – Roosevelt